BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004452 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reinstatement of the expired transportation entitlements of her husband, a retired service member. 

2.  The applicant states her husband retired overseas in 2002 and assumed a position as a Department of the Army civilian.  He was medically evacuated back to the continental United States due to an illness and he was unable to execute his transportation entitlement.  She has exhausted her administrative remedies in an attempt to reinstate those entitlements. 

3.  The applicant provides copies of:

* An Affidavit
* Denial letter from the Area Transportation Officer
* Separation and Retirement orders
* Email
* Request for an Exception to Policy for Movement of Household Goods (HHG)
* The Retired Service Member's Military and Civilian Identification Cards
* DD Form 1299 (Application for Shipment and/or Storage of Personal Property
* DD Form 1797 (Personal Property Counseling Checklist)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Medical Documents
* DA Form 2-1 (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The retired service member's records show he initially enlisted in the Regular Army on 16 April 1980 and he held military occupational specialty 75H (Personnel Services Specialist).  

3.  He served through extensions and/or reenlistments in a variety of stateside and overseas assignments and he attained the rank/grade of sergeant first class (SFC)/E-7.

4.  The retired service member was last assigned to Headquarters and Headquarters Detachment, 254th Brigade Support Battalion, Netherlands. 

5.  On 15 June 2001, Headquarters, Armed Forces North Battalion, U.S. Army North Atlantic Treaty Organization published Orders 166-1, announcing the retired service member's retirement effective 31 May 2002.  These orders further notified the retired service member that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.  These orders also authorized him shipment of HHG to his home of selection, home of record, or place of entry on active duty at the with dependents rate. 

6.  The retired service member's records show he retired on 31 May 2002 and he was placed on the Retired List in the rank/grade of SFC/E-7.  He was credited with completing over 22 years of honorable service.

7.  It appears at some point in January 2013, the applicant and/or the retired service member requested an exception to policy to extend the retired service member's transportation entitlement beyond the 6-year limit.  


8.  On 11 February 2013, an Area Transportation Officer, Joint Base San Antonio, notified the retired service member that his request to extend his transportation entitlement beyond the 6-year limit was disapproved by Headquarters, Department of the Army.  He retired on 31 May 2002 and if his extensions were approved, his final extension would have expired on 31 May 2008.  An extension beyond the 6-year mark may be considered if there is an ongoing medical condition that prevented relocation.  The justification he provided did not fit this criteria. 

9.  The applicant provided medical documents that show the retired service member had a hemorrhagic stroke in January 2012.  

10.  Volume 1 (Uniformed Service Personnel) of the Joint Federal Travel Regulations (JFTR) contains basic statutory regulations concerning official travel and transportation of members of the uniformed services.  Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a permanent duty station (PDS) by uniformed service personnel upon retirement.  In effect, these paragraphs authorize a member travel and transportation allowances to a PDS selected by the member from his last PDS upon retirement.  They state that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement.  They also establish time limitations for shipment of HHG and state that travel must be completed within 1 year from the active service termination date.

11.  Extension provisions to the 1-year time limit are also provided for deserving cases under the Secretarial process.  This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to a PDS within the specified time limit.  An extension of the time limit may be authorized by the Secretarial process if it is in the best interest of the service or substantially to the benefit of the member and not costly or otherwise adverse to the service.  These extensions are approved for the specific period of time that the member anticipates is needed to complete the move, and if additional time is required, the member may request a further extension.  Paragraph U5012-I of volume 1 of the JFTR provides the policy on restrictions to time limit extensions and states that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time period using the Secretarial process.  However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date.  These JFTR provisions and time limitations for the shipment of HHG were also in effect at the time of the retired service member's retirement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the retired service member retired on 31 May 2002.  His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action.  

2.  The JFTR indicates that retirement transportation and travel entitlements will be used within 1 year of retirement; however, it also provides for extensions of this entitlement in 1-year increments up to 5 additional years, or a total of 6 years.  Extensions due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retired service members control occurs which prevents the retired service member from moving within the time limits may be granted under these extension provisions.  

3.  The JFTR contains basic statutory regulation concerning a uniformed service member's travel and transportation.  These regulations have the force and effect of the law.  The retired service members retirement orders clearly state he was authorized up to 1 year to select a home and complete travel in connection with this action.  All installation transition/retirement briefings discuss retirement benefits and offer the opportunity to ask questions, if not clear or understood.  All installation clearance forms require a trip to the Transportation Office as a mandatory stop to receive additional instructions on shipment of property, non-temporary storage authorization, and a retired service member's requirement to submit annual extension request and maximum duration. 

4.  There is no evidence that the retired service member was not properly counseled.  His overseas retirement and subsequent employment appear to be choices that he made.  But even if he had requested an extension of his transportation allowance, his final extension would have expired on 31 May 2008. There is no evidence that he had an ongoing medical condition that prevented the shipment of his HHG at that time.  The medical document the applicant provides shows the retired service member sustained a medical condition in January 2012.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  __X______  __X______  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130004452



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ABCMR Record of Proceedings (cont)                                         AR20130004452



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